Payment of Child Support and Spousal Support

Payment of Child Support and Spousal Support

When you are under a court ordered obligation to pay support, you must do so timely.  It is important to be aware that payment of your support is not made when you send a check, and not when the check is received.  Payment is only legally made when the check is negotiated for good funds by being deposited and clearing your account.  This is true of all payments made by check. So saving your canceled checks is the only way to prove payment. Read more →

Without Prejudice versus the Status Quo

Without Prejudice versus the Status Quo

In divorce and custody cases, temporary resolutions are often arrived at “without prejudice.”  In theory, that means, for example, moving out of the marital residence and leaving the children behind with the other parent is without prejudice to your claims to the marital residence and child custody or increased visitations schedule.  This makes the person moving out think he or she will remain on equal legal footing for child custody and/or possession of the marital residence. Read more →

Avoid Open Ended Pendente Lite or Preliminary Conference Stipulations

Avoid Open Ended Pendente Lite or Preliminary Conference Stipulations

Lately I have subbed into too many divorce cases where the pendent lite (or preliminary conference) stipulation required the moneyed spouse to either: pay all charge card bills, or pay a percent of all expenses as listed therein, instead of paying a specific amount of child support and or spousal support each month.  The problem is that even when the stipulation states reasonable or in accordance with past spending, the other spouse almost always over spends and the Court’s just do not care when requested to intercede and limit the money bleeding. Read more →

Therapy and Child Custody Cases

Therapy and Child Custody Cases

In child custody cases, often the parents and or the child(ren) have a therapist. If it is individual therapy, each parent and the child(ren) should have their own therapist separate and part from each other. Last I was aware, the American Psychological Association Ethics state that it is a conflict for the same therapist to provide therapy to one of the parents and the child(ren). The Courts usually reject this and direct a separate therapist for the child(ren). The therapist only knows what one parent says and what the child says and imputes the parent’s story to the child’s condition. The other parent’s story being omitted, even if the therapist calls in the other parent for a session of two, the therapist is still slanted and biased. Too often by the time the Court puts an to it and orders a new separate therapist for the child(ren) damage may have already occurred. Read more →

What You Need to Know About Child Support But Never Asked

What You Need to Know About Child Support But Never Asked

This is important information whether you pay or receive child support.  Information most lawyers do not tell you at the time the child support order was issued.  Information that may help keep many of you out of court, or have better success in court. If you receive child support, you probably get a basic child […]

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Is Your Divorce Uncontested or Contested?

Is Your Divorce Uncontested or Contested?

Too many people call me to handle their divorce asking for costs, informing me it is an uncontested divorce.  Before answering any questions, I probe further.  I ask if the spouse also wants the divorce.  Often I am told no.  Other times the person says yes, then I ask if the spouse agrees as to […]

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Conference Versus Hearing Versus Trial

Conference Versus Hearing Versus Trial

Perspective clients for divorce and family law cases tend to confuse me by using the wrong terminology.  I have learned not to rely on the clients use of terminology and probe deeper to find out what is really meant.  So, this article will address the correct usage of the terms most often misused by clients […]

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When Should Child Support End?

When Should Child Support End?

Presently when parents of a child in common no longer reside together, one parent pays child support to the primary residential parent. Child support includes a basic periodic payment of money that is paid to the residential parent. In addition the nonresidential parent also contributes a set pro rata percentage of add-ons, i.e., unreimbursed uninsured […]

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Your Emotional Reality May Not Fit the Law

Your Emotional Reality May Not Fit the Law

In divorce and child custody cases, too often a potential new client wants to tell me his or her story and what he or she thinks his or her soon to be ex should and should not be entitled to, and why.  It is not easy to get some potential new clients to understand that […]

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Act When Necessary, or Do Not Act At All.

Act When Necessary, or Do Not Act At All.

So, your spouse attempted suicide months ago and you are going to try to use at trial for custody.  You think your spouse had something evil to do with the death of the family pet last year and you hired an expert to testify about it at trial to try to get custody.  Anything and […]

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Domestic Violence – On Size Does Not Fit All

Domestic Violence – On Size Does Not Fit All

We live in a world where people, especially those who are politically correct wish to make everything one size fits all.  In this blog, I am going to focus on domestic violence where everyone wants to claim it is always an issue of power control, and why we should question that. Years ago, a study […]

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The Role of Court Appointed Experts in a Divorce:

The Role of Court Appointed Experts in a Divorce:

Court appointed neutral experts are regularly used in divorce actions.  The agreement and use of only one expert for each area needing an expert can save litigants thousands or even tens of thousands of dollars and then some.  Some situations do require each party to retain his/her own expert, but that is not the focus […]

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Just Shut Up!

Just Shut Up!

If you badger your estranged spouse, ex-spouse or other parent of your child(ren) not to use the attorney he or she retained, you only guarantee he or she does use that lawyer and follows that lawyers instructions to the tee, even if to him or her in the long run. You will cause your estranged […]

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When Service May Not Be Service in a Divorce Action.

When Service May Not Be Service in a Divorce Action.

An attorney can act as agent of service for just about anyone to accept service of process on behalf of a person or corporation.  This can result by merely retaining the attorney after an action has been commenced, and the attorney filing and serving a notice of appearance therein.  But very often attorneys represent to […]

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Control Your Self In Or Near The Courthouse.

Control Your Self In Or Near The Courthouse.

Too often, during a divorce action or custody battle, the man thinks he should show emotion and reactions to clue the court when the other side is lying.  This does not work and actually causes him to appear unable to control himself.  Too often, the woman gets away with the same behavior due to gender […]

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WHERE CAN I FILE AND FOR WHAT?

WHERE CAN I FILE AND FOR WHAT?

So, you and the other parent of your child met in NY, moved to MA, had a child there, and entered a settlement agreement in MA which became an order of the MA court.  Then you moved back to NY having obtained joint legal and shared physical custody of your child.  You have equal say […]

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Be a Sheep in Wolf’s Clothing

Be a Sheep in Wolf’s Clothing

When going through a divorce involving custody and/or visitation, someone must be the adult even if the other parent is making it very hard.  If the other parent is a control freak (usually the one with the children) let that parent think he or she is in control.  Be a wolf in sheep’s clothing.  Otherwise, […]

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